As devastating as it sounds, the couple could not survive the horrific
accident; however, their daughters were able to escape the dreadful incident
even after sustaining severe injuries. The police authorities of Dubai were
successful in arresting the accused within 24 hours of committing the crime and
seized the murder weapon. The authorities have confirmed his confession to
committing murder and theft at night in the victims dwelling.
The definition of murder as traditionally defined in legal jurisprudence is a
homicide committed with mala fide intentions, yet demanding other factors which
led to such event. However, in modern days the definition of murder has evolved
and entails intentional killing or intentionally causing injuries which may lead
In accordance with Federal Law number 3 of 1987 regarding UAE penal Code, crimes
are classified in three different categories being felonies, misdemeanour and
contraventions, referring to Article 26 of the foregoing Law. Wherein, Criminal
Lawyers of Dubai interpret Murder as a felony as the category of the crime is
defined by the punishment mentioned for such crime in the Penal Code. Whereas,
Article 38 of the Penal code confirms that the moral element of a crime consists
of intent or an error. The intention arises when the accused is willing to move
towards committing or omitting an act, where such commission and omission is
considered as a crime.
The Crime of Murder and Theft under UAE law
In line with the foregoing, the Penal Code provides penalties for crimes
committed against life and safety of human beings residing within the country.
Wherein, Article 332 of the Penal Code imposes a penalty of life imprisonment on
whoever premeditatedly kills an individual; however, the crime shall be
sentenced with the death penalty, if the murder is committed with layaway or
with premeditation if it is accompanied by or associated with another crime and
other alike circumstances.
The law further defines premeditation under Article 333 as an intent prior to
the commencement of the crime against any person, and meditation on measures
which are necessary to carry out the crime precisely.
Considering the present circumstances of the case and confirmed by the police
authorities, the accused entered victims dwelling with an intention to commit
theft, however, was stopped by the victims leading to the victims death by
multiple stabbing with a knife. The said circumstances, prima facie indicates
that the accused may be charged under Article 333 for committing premeditated
murder in an aggravating circumstance as it was associated with another crime
(theft committed in a dwelling at night).
Alternatively, the Penal Code under Article 336 states that an accused shall be
sentenced to imprisonment for a term not exceeding ten years or more in
aggravated circumstances if he assaults another person physically in any manner
without intending to murder, however, the assault leads to murder and aggravated
if accompanied with another crime.
Relying on the present facts of the matter, it is not yet confirmed if the crime
for murder was premeditated or was unintentional, as the public prosecutor will
charge him on the basis of the intent of the criminal.
The accused further caused injuries to the elder daughter of the deceased by
stabbing her with a knife; however, the intention behind such an act is yet to
be defined. In such circumstances, if the public prosecutor establishes his
intent for an attempt to murder, he shall be charged with half or fewer
penalties as that of committing such crime.
Wherein, the Attempt to commit a crime is defined under Article 34 and 35 of the
Penal Code as the commencement of the execution of an act with the intention to
commit a crime, if its effect is prevented for reasons beyond the control of the
felon. In furtherance, Article 35 states that the attempt to commit a crime
shall be punishable by imprisonment of life if the penalty designated for the
crime death sentence, term imprisonment if the penalty for such crime is life
imprisonment and imprisonment for half of the term if the original crime is
punished with term imprisonment.
Nevertheless, if the intention to kill is not established, the accused may be
charged under Article 339 which states that accused may be charged with
detention or fine if he physically assaults another person in any manner which
leads to an illness or inability to perform tasks for 20 days and will be
considered aggravated if fulfills the conditions under Article 332.
Having said that, Article 382 of the Penal Code defines theft as embezzlement of
a movable property owned by a person other than a culprit. However, theft is
punished depending upon the circumstances of the crime and may be considered as
an aggravated theft, if satisfies several conditions. Pursuant to Article 385 of
the penal code, the accused shall be punished with term imprisonment if the
theft was committed by coercion or using a weapon for acquiring stolen property.
In addition, Article 388 of the Penal Code states that the punishment shall be a
minimum of two years to a maximum of 7 years if the crime of theft was committed
at night and with a weapon. In the present facts of the matter, the accused may
also be charged under Article 389 as the theft was committed by breaking and
entering into the house which shall lead to a minimum imprisonment of one year.
The crime committed by the accused was shocking and especially to the
unfortunate children who witnessed the incident and death of their parents.
Another triggering factor of the crime was the relationship between the accused
and the victim to be familiar as the accused was a maintenance worker in the
victims house over a year ago and was allured by the money kept in the home of
the deceased. The matter is before the relevant police authorities and will be
soon transferred to the court for a final judgment.